|
An Experienced Immigration Lawyer in San Francisco Explains The H1B Visa The H1B visa is a non-immigrant visa, created under the Immigration and Nationality Act. It allows a company to employ foreign employees in the United States for a certain amount of time. Prospective employees do not apply for this visa - employers must do so and petition for them. The reason the H1B visa was created was for companies who have jobs that require specialized knowledge or have "specialized occupations". The equivalent visa to the H1B for non-speciality occupations is the H2B visa. "Specialty occupation" is defined by the US government as an occupation that requires practical and theoretical application of a subject in a particular field. Jobs such as engineering, arts, education, architecture and science are examples of specialty occupations. To be brought to the US on a H1B visa, a foreign worker must have a minimum of a bachelor's degree or equivalent. A foreign worker may also need a state license if required for his or her occupation. Not every occupation requires a degree; an example being fashion model which only requires employees to be "of distinguished merit and ability." A firm must have a workforce of at least 50 and have 15% H1B workers to be considered H1B dependant. A higher percentage of H1B workers may be hired by smaller companies without being classified as H1B dependant. In order to be an H1B dependant company, a few conditions must be followed. If they dismiss a H1B employee, they are responsible for any travel ticket costs for the ex-employee to return to their home country. H1B visas last for three to six years for successful employees. After that, they can apply for an extension of up to two years, then one year at a time after that. H1B visas are "dual intent" visas meaning that although they are non-immigrant visas, those who hold this visa may intend to immigrate to the US. H1B residents can apply for a green card while here as a temporary resident but they will likely need to apply for an extension to allow time for the application be approved. Under a H4 visa, if a person holds a H1B visa he/she can bring their dependants with them into the US. Dependants include partners and children under 21. Rules of the H4 visa include being able to stay in the US as long as the H1B holder but they are not allowed to work in the US. Whether H1B holders are responsible for paying income tax based on whether they are a "non-resident alien" (live outside the US) or a "resident alien (live in the US) . If a H1B holder is a non-resident alien, he is only taxed on earnings from in the US; resident aliens must pay taxes on income from inside and outside the US. If you or a loved one needs a visa so that they can enter the United States, seek out anLaw Offices of Gali Gordon who is dedicated to achieving your immigration goals effectively and efficiently. Look for attorneys with expertise in all types of immigration cases such as complex deportation and asylum cases, green cards, employment-based visas, non-immigrant business visas, family-based immigration, etc. Your Attorney Gali Gordon should be committed to satisfying each client by giving individual, responsive service and focused attention on each individual case and each client's needs.
Related Articles -
san, francisco, immigration, attorney,
| 
